LIBRARY OF CONGRESS 

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021 929 549 2 



* SS^CoNGRESS, ) HOUSE OF EEPRESENTATIVES. ( Ex. Doc. 
1st Session. i \ '^o. r)4. 



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CLAIMS OF THE HUDSON'S BAY AND PUGET'S SOUND AGIII- 
CULTURAL COMPANIES. 



MESSAGE 

FROM THE 

PRESIDENT OE THE UNITED STATES, 



TRANSMITTING 



Treafij with Great Britain for the final settlement of claims of the Hudson^s 
Bay and Puget's Sound Agricultural Companies. 



March 14, 1864. — Eefened to the Committee of Ways and Means and ordered to be printed. 



To the Senate and House of Representatives : 

I traiipmit to Congress a copy of a treaty between the United States and 
Great Britain for the final settlement of the claims of the Hudson's Bay and 
Puget's Sound Agricultural Companies, concluded on the 1st of July last, the 
ratifications of which were exchanged in this city on the 5th instant, and recom- 
mend an appropriation to carry into effect the first, second, and third articles 
thereof. 

ABRAHAM LINCOLN. 

"Washington, March 14, 1864. 



The United States of America and her Majesty the Queen of the United 
Kingdom of Great Britain and Ireland, being desirous to provide for the final 
settlement of the claims of the Hudson's Bay and Puget's Sound Agricultural 
Companies specified in articles III and IV of the treaty concluded between the 
United States of America and Great Britain, on the 15th of June, 1846, have 
resolved to conclude a treaty for this purpose, and have named as their pleni- 
potentiaries, that is to say : the President of the United States of America, 
William H. Seward, Secretary of State ; and her Majesty the Queen of the 
United Kingdom of Great Britain and Ireland, the Right Honorable Richard 
Bickcrton Pemell, Loid Lyons, a peer of lier United Kingdom, a knight grand 
cross of her most honorable order of the Bath, and her envoy extraordinary and 
minister plenipotentiary to the United States of America ; who, after having 
communicated to each other their respective full powers, found in good and due 
form, have agreed upon and have concluded the following articles : 



CLAIMS OF THE HUDSON S BAY AND 



Article I. 

Whereas, by the 3d and 4th articles of the treaty concluded at Washington 
on the 15th day of June, 1846, between the United States of America and her 
Ma_]esty the Queen of the United Kingdom of Great Britain and Ireland, it was 
stipulated and agreed that in the futiire appropriation of the territory south of 
the 49th parallel of north latitude, as provided in the first article of the said 
treaty, the possessory rights of the Hudson's Bay Company, and of all British 
subjects who may be already in the occupation of land or other property law- 
fully acquired within the said territory, should be respected, and that the farms, 
lands, and other property of every description, belonging to the Puget's Sound 
Agricultural Company, on the north side of the Columbia river, should be con- 
firmed to the said company ; but that in case the situation of those farms and lands 
should be considered by the United States to be of public or political importance, 
and the United States government should signify a desire to obtain possession of 
the whole or of any part thereof, the property so required should be transferred 
to the said government at a proper valuation, to be agreed upon between the 
parties : 

And whereas it is desirable that all questions between the United States 
authorities on the one hand, and the Hudson's Bay and Puget's Sound Agricul- 
tural Companies on the other, with respect to the possessory rights and claims 
of those companies, and of any other British subjects in Oregon andWashington 
Territories, should be settled by the transfer of those rights and claims to the 
government of the United States for an adequate money consideration : 

It is hereby agreed that the United States of America and her Britannic 
Majesty shall, within twelve months after the exchange of the ratifications of 
the present treaty, appoint each a commissioner for the purpose of examining 
and deciding upon all claims arising out of the provisions of the above quoted 
articles of the treaty of June 15, 1846. 

Article II. 

The commissioners mentioned in the preceding article shall, at the earliest 
convenient period after they shall have been respectively named, meet at the 
city of Washington, in the District of Columbia, and shall, before proceeding 
to any business, make and subscribe a solemn declaration that they will impar- 
tially and carefully examine and decide, to the best of their judgment, and ac- 
cording to justice and equity, without fear, fiivor, or affection to their own 
country, all the matters referred to them for their decision, and such declaration 
shall be entered on the record of their proceedings. 

The commissioner shall then proceed to name an arbitrator or umpire to 
decide upon any case or cases on which they may differ in opinion ; and if they 
cannot agree in the selection, the said arbitrator or umpire shall be appointed by 
the King of Italy, whom the two high contracting parties shall invite to make 
such appointment, and whose selection shall be conclusive on both parties. The 
person so to be chosen shall, before proceeding to act, make and subscribe a 
solemn declaration, in a form similar to that which shall already have been made 
and subscribed by the commissioners, which declaration shall also be entered on 
the record of the proceedings. In the event of the death, absence, or incapacity 
of such person, or of his omitting or declining or ceasing to act as such arbi- 
trator or umpire, another person shall be named, in the manner aforesaid, to act 
in his place or stead, and shall make and subscribe such declaration as aforesaid. 

The United States of America and her Britannic Majesty engage to consider 
the decision of the two commissioners conjointly, or of the arbitrator or umpire, 
as the case may be, as final and conclusive on the matters to be referred to their 
decision, and forthwith to give full effect to the same. 



V PUGET S SOUND AGRICULTURAL COMPANIES. 



Article III. 

The commissioners and the arbitrator or umpire shall keep accurate records 
and correct minutes or notes of all their proceedings, with the dates thereof, 
and shall appoint and employ such clerk or clerks or other persons as they shall 
find necessary to assist them in the transaction of the business which may come 
before them. 

The salaries of the commissioners and of the clerk or clerks shall be paid 
by their respective governments. The salary of the arbitrator or umpire and the 
contingent expenses shall be defrayed in equal moieties by the two governments. 

Article IV. 

All sums of money which may be awarded by the commissioners or by the 
arbitrator or umpire on account of any claim shall be paid by the one govern- 
ment to the other in two equal annual instalments, whereof the first shall be 
paid within twelve months after the date of the award, and the second within 
twenty-four months after the date of the award, without interest, and without 
any deduction whatever. 

Article Y. 

The present treaty shall be ratified, and the mutual exchange of ratification 
shall take place in Washington in twelve months from the date hereof, or earlier, 
if possible. 

In faith whereof, we, the respective plenipotentiaries, have signed this treaty, 
and have hereunto afiixed our seals. 

Done in duplicate, at Washington, the first day of July, anno Domini one 
thousand eight hundred and sixty-three. 

[l. s.] WILLIAM II. SEWARD. 

[l. s.l LYONS. 



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